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TriMet troubles: House bill aims to take transit agency's board from governor

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A bill being presented to the Oregon House aims to change the way the TriMet board of directors is selected. The bill sponsor hopes it will help make the transit agency more responsive to riders.
(Photo by John Killen/The Oregonian)

From rider advocacy groups to everyday commuters, there's a growing feeling that TriMet's governor-appointed board of directors is out of touch.

"There's so much absurdity about what's going on at TriMet right now," said Barbara McLean, a rider of the crowded No. 4 and 14 bus lines in Southeast Portland. "And it just seems like the public is powerless to change anything. Who do you even call to complain to?"

House Bill 3316 aims to bring more accountability to a board that critics have long protested is too insular. Scheduled for an April 15 hearing before the Transportation and Economic Development committee, the proposal by Rep. Chris Gorsek, D-Troutdale, would strip authority from the governor and allow the region's local governments to appoint board members.

It would expand the seven-member volunteer board to 11 members, with Portland and all three counties -- Multnomah, Washington and Clackamas --choosing two board members for four-year terms. Meanwhile, Metro would appoint two and the governor's office would select one person from the region who regularly rides mass transit.

Currently, anyone who lives within the geographic area represented by a position can apply for the TriMet board. The governor selects from the pool of the applications. Each nomination must be confirmed by the state Senate.

As a Troutdale city councilman from 2003 to 2006, Gorsek said he witnessed a troubling pattern of apathy by TriMet toward some communities it serves.

In one case, he said, the agency prematurely dismissed requests to provide express service from Troutdale and Mount Hood Community College into downtown Portland.Instead of conducting a study they had promised to Troutdale-area community members, TriMet leaders brushed off the idea because it didn't fit within the agency's grander plans, Gorsek said.

The general feeling that the TriMet board needs to be appointed at the local level "is a topic that came up repeatedly while I was campaigning last year," Gorsek said. "The public has some very serious issues with the with the way the transit system is run now. There's a feeling that there's no accountability."

Gov. John Kitzhaber is looking to fill the Southwest Portland board seat vacated by Steve Clark, who recently moved to Corvallis.

Tiffany Sweitzer, who represents portions of north, northwest and parts of southwest Portland, is expected to step down when her term expires June 30.

Last summer, a survey of board members conducted by The Oregonian found that all but one, Bruce Warner, hardly ever ride the trains and buses subject to their budget decisions.

Kitzhaber spokesman Tim Raphael said the governor is focusing on filling the seat left open by Clark, with an emphasis on candidates who have a strong understanding of labor relations and how the TriMet system works.

"We're looking for the most talented folks possible for the slot," Raphael said."Certainly, a familiarity with the service that TriMet provides is an element."

In the past, the rider advocacy group OPAL Environmental Justice has called for the governor to appoint at least one transit-dependent community member to the board. Gorsek said he would consider amending the bill to mandate that requirement.

TriMet officials had no comment on the bill. But Metro Councilor Bob Stacey said Friday that the regional government's elected officials aren't thrilled with the idea, especially when it has the potential pit the political agendas of local governments against one another.

"Would appointing the board divvied up between the five regional governments change anything facing TriMet right now?" Stacey asked rhetorically."This seems to be a solution in search of a problem," Stacey said.

In the past five years, TriMet has been caught in a whirlpool of troubles, including $56 million in budget shortfalls since 2008 and a never-ending standoff with Amalgamated Transit Union over a health benefits package that management says is too generous.

At the same time, an investigation by The Oregonian found that General Manager Neil McFarlane had quietly tapped into a rainy day fund to give raises to his top managers and other non-union employees last year.

The board knew about McFarlane's plan to tap a $20 million contingency fund to give the phantom raises, even as he lamented another round of service cuts and the largest fare increase in the agency's history last September.

Sweitzer said the raises were brought up in "internal budget discussions" last spring. While it was legal, she conceded that TriMet leaders and the board should have let the public in on the plan.

Although the adopted fiscal year 2013 budget showed McFarlane's pay would be frozen at $215,837, he received a 3 percent bump to $221,450 in December.

Mary Fetsch, TriMet spokeswoman, said the agency's finance and audit committee annually reviews the general manager's performance and pay. In 2011, McFarlane turned down a raise, she said.

At the conclusion of the last evaluation, "the board wanted to give him a modest increase," she said. "The 3 percent increase matched the average given to other non-union staff."

It was retroactive to July 1, the second anniversary of his promotion to general manager. The salary noted in the adopted budget, Fetsch said, "was accurate at the time it was voted on by the board."

News of the silent raises, some as much as 18 percent for people already earning well over $100,000, enraged McLean, a retired state wildlife surveyor who frequently rides TriMet. Her husband, a Portland State University professor, rides daily.

"Something needs to be changed," McLean said, "when someone doesn't think they can live on more than $100,000 a year at a time when people who need the bus and aren't affluent are being charged more."